HKSAR v. Cheung Chun Kit
Read the full judgment text of HCCC 310/2016 on BabelCite. This High Court CFI judgment was delivered on 2 September 2016.
|
HCCC 310/2016 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 310 OF 2016 -----------------
------------------
--------------------------------- Transcript of the Audio Recording --------------------------------- COURT: The defendant pleaded guilty in June at Eastern Magistracy to one count of trafficking in dangerous drugs which involved 74.3 grammes of ketamine and 10.49 grammes of cocaine. At about 12.30 am in 10 January 2016, police officers intercepted the defendant, his girlfriend and another female when they came out from Flat 1410, Sun Hing Building, 603 to 607, Nathan Road. The police then searched the rooms inside the flat. Inside room five, the police found five bags of ketamine, 44 bags of cocaine. There were other items including an electronic scale and 113 resalable plastic bags. All the items were found in a drawer of a wooden cabinet. The police also found from the rucksack of the defendant’s girlfriend two bags of ketamine and 20 bags of cocaine. The defendant had the keys to the flat and room five. Under caution the defendant admitted that all the dangerous drug found belonged to him. He trafficked the dangerous drug for “Ah Kai” for a daily reward of HK$1,000. The police estimated that the value of the dangerous drugs was about HK$26,000. The defendant is 22, he is single. He has eight previous convictions. He received education up to Form 4. He was a renovation worker at the time of the offence, earning about 5,000 per month. His parents had divorced, his mother lived on CSSA. His younger brother is in university in Taiwan. The defendant and his girlfriend had a new born shortly after their arrest. The new born died shortly after birth. The defendant blamed himself for this tragedy. The defendant said he had not received any reward. The defendant submits a letter indicating that he is very remorseful, he pleads for leniency. In relation to the 74.3 grammes of ketamine, according to SJ v Hii Siew Cheng the starting point should be 6 years and 4 months’ imprisonment. For the 10.49 grammes of cocaine, according to Lau Tak Ming, the starting point should be 5 years’ imprisonment. I adopt the approach in HKSAR v Wong King Kau for sentencing as there are two kinds of drug. In arriving at the combined starting point I have considered the authorities submitted Ms Vivian Wong, defence counsel. I have considered the following factors:
Having considered the quantity of drugs and the mitigation I take 6 years and 8 months as the combined starting point. I deduct 2 years and 3 months for his plea. I do not think the death of his baby warrants any further reduction. I sentence the defendant to 4 years and 5 months imprisonment. |